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Legal Implications.
Fundamentals
| Question | Answer |
|---|---|
| Litigation | process of bringing and trying a lawsuit |
| Plaintiff | person bringing suit |
| Defendant | person being accused of a crime |
| Definition of Law | Standard or rule of conduct established and enforced by government.*Designed to protect the rights of the public |
| Public law | government is directly involvedRegulates relationships between individuals and government |
| Private law | civil lawRegulates relationships among people |
| Criminal law | concerns state and federal criminal statutesDefines criminal actions, e.g., murder, theft |
| Four Sources of Law | 1. Constitutions 2. Statutes 3. Administrative law 4. Common law |
| Constitutions | serve as guides to legislative bodies. Indicate how state and federal governments are created. Given authority Principles and provisions for establishing specific law |
| Statutes | enacted by a legislative body. Must be in keeping with both the federal and state constitution Nurse Practice Acts are an example of statutory law |
| Administrative law | empowered by executive officersThe US President, State governors, city mayorsHave the power to make administrative rules and regulations State Boards of Nursing |
| Common Law | Judicial system interprets legislation at the local, state and national levels and makes decisions about enforcement |
| Nurse Practice Acts | Defines the legal scope of nursing practice in that state |
| Voluntary Standards | *Voluntary standards are developed and implemented by the nursing profession itself.ANA Standards of Practice |
| Legal Standards | Legal standards developed by the legislature and implemented by authority granted by the state to determine *Minimum standards for education of nurses *Sets requirements for licensure *Decides when a nurses license may be suspended/revoked |
| Credentialing | Ways in which professional competence is ensured/maintained *Accreditation *Licensure *Certification |
| Accreditation: | Of educational programs that ensures educational programs have met certain standards. *Legal Accreditation- State BON Voluntary Accreditation- Nat’l League for Nursing Accrediting CommissionAmerican Association of Colleges of Nursing |
| Licensure | State determines an individual has met minimum requirements to practice and grants a license National Council Licensure Exam (NCLEX) |
| Certification: | Person has met certain criteria established by a non-governmental association in a specialized practice area American Association Colleges of Nursing (AACN) Med-Surg Nursing |
| Reasons for Suspending or Revoking a License | *Drug or alcohol abuse*Fraud, deceptive practice*Criminal acts, previous disciplinary actions*Gross or ordinary negligence*Physical or mental impairments |
| Due Cause for Revoking a License | *Notice of investigation*Fair and impartial hearing*Proper decision based on substantial evidence |
| Criminal Law: Crime | Wrong against a person or his or her property as well as the public*Misdemeanor *Felony |
| Misdemeanor | Punishable by fines or less than one year imprisonment |
| Felony | Punishable by imprisonment for more than one year |
| Tort | A wrong committed by a person against another person or his or her property*Intentional *Unintentional |
| Intentional | *Assault and battery*Defamation of character*Invasion of privacy *False imprisonment*Fraud |
| Unintentional | *Negligence-Performing an act that a reasonably prudent person in a similar situation would not do*Malpractice- negligence by a professional personnel |
| Intentional: Assult and Batter | Threat or an attempt to make bodily contact with another person without the person’s consent* Assault that is carried out Forcibly removing a patient's clothing Administering mediation the patient has refused |
| Intentional: Invasion of Privacy | 4th Amendment ensures the right to privacy All patient information is confidential Health Insurance Portability and Accountability Act (HIPAA) |
| Intentional: Defamation of Character | One party makes derogatory comments about another that diminishes the other party’s reputation |
| Intentional: False imprisonment | Unjustified retention or prevention of movement without proper consent |
| Intentional: Fraud | Unjustified retention or prevention of movement without proper consent |
| Four Elements of Liability | Duty- expectationBreach of duty- fail to do dutyCausation- was there injury as a resultDamages- actual harm |
| Outcomes of Malpractice Litigation | *All parties work toward fair settlement*Case is presented to malpractice arbitration panel*Case is brought to trial court |
| Roles of Nurses in Legal Proceedings | *Nurse as defendant- Works closely with attorney*Nurse as fact witness- Has knowledge of the actual incident*Nurse as expert witness- Educational background; Clinical experience |
| Professional Liability Insurance | *The nurse's best legal safeguard is competent nursing practice*Purchase of personal liability insurance-Protection of the nurse’s best interests-Limitations of employer’s coverage-Care / advice outside of employment |
| Legal Safeguards for Nurses | *Competent practice *Contracts*Collective bargaining*Informed consent*Patient education*Documentation |
| Elements of Informed Consent | *Disclosure*Comprehension*Competence*Voluntariness |
Created by:
MissNana
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